Vale, OR asked in Criminal Law for Michigan

Q: I have a question about having a Michigan "Assault w/intent to do GBH less than murder"" charge expunged.

My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts this plea. Thank you.

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.

I would not take a plea - felony or otherwise - on the premise that I can just expunge it some day. That is true for almost all crimes except life offenses. But during the interim, your son will have a felony conviction on his record.

But take all this and consider the current reality for your son: plea offers are not made with consideration about expungments. The prosecutor may have a strong case against your son, and whether or what your son can expunge at some future date isn't part of the equation. Your son needs to weigh what the offer is now compared to what he faces if he goes to trial and loses. And with a case going on this long, it's unlikely the prosecutor will suddenly offer a misdemeanor or anything like that.

Only your son's attorney can speak on what trial looks like and the odds of prevailing; your son needs to take that information and decide for himself.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.